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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35054
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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my husband is the only name on the mortgage but I am on the

Customer Question

my husband is the only name on the mortgage but I am on the deeds too. He is leaving me and my 8yr old son for another woman - if he makes me sell the house do we have to pay off the mortgage before we split was is left or is the debt his to pay off from his share of the sale ?
Submitted: 4 years ago.
Category: Family Law
Expert:  Clare replied 4 years ago.
Thank you for your question
I shall do my best to assist you but I need some further information first.
How much is the house worth and how much is outstanding on the mortgage?
Do you wish to stay there?
Customer: replied 4 years ago.

Hi Claire


The mortgage is £415,000 and the house worth about £900,000. I was on the last mortgage and paid towards it as I worked full time until I had my son, but have been a full-time mother since then.


We have been here just over a year and have an interest only mortgage - payments are around £700 per month and I have been putting £1500 into a savings account each month which would have paid off the capital when it was due.

I would like to stay here and my husband initially suggested we do and pay interest only - as I could not get a place to either rent or buy and pay only £700 a month (we are in W London) - we would then have sold when my son reaches 18. But I get the feeling he has realised this will not allow him to buy a new place with his mistress and he is now 'hinting' that we should sell instead ! So I want to know about his mortgage debt and how it would work so that I would know how much I would have to buy a house.
thank you for your help - I am freaking out :)

Expert:  Clare replied 4 years ago.
How much would a two bedroom property cost to buy?
Customer: replied 4 years ago.

Have had a quick look on-line and in the area we are now around £600,000 but it is possible to find one between £400,000 and £500,000 further away.

Expert:  Clare replied 4 years ago.
The priority of the family court is the safe and secure housing of your child until the child is 18.
In this context safe and secure is likely to mean a house that you own
Since the sale of the house could give you sufficient cash to rehouse yourself and your child it is possible that the court would order that - with you having all the equity for now and your ex having to wait for his share (whatever percentage that might be) until you co habit or your child turns 18.
I am afraid however that you are equally responsible for the mortgage!
I hope that this is of assistance - please ask if you need further information